♪ >> at the same time we continue to talk to the president, we're going to also move to plan b. i think we all know that every income-tax dollar in america is going to pay a higher rate come january 1st unless congress acts. tracy: that looked like progress on capitol hill, and it means progress in the market, that is until senator harry reid dump a little bit of water on house speaker john boehner contingency plan now known as planned the. good afternoon. i'm liz claman. is the last hour of trading. a nice move as we head into "countdown to the closing bell." the speakers plant be. along with president obama inching towards higher income threshold for tax cut expiration's the market is charging ahead, but in the last hour senator reid said the

proposal from boehner will not pass the senate. the market is surging once again a high of the session up 117 points for the dow, right now better by 97. this is the breadth of the market, overwhelmingly positive meaning the advance is outpacing the decline. the dow jones industrial, as you can see, nice move. twenty-seven down 30 components are up. united technologies and in tela the best performerr. general electric, one of the few weak links in the chain. you, the investor, continuing to pile into what? well, the financials, especially the big money-center banks like banc of america north of $11 per share. at 1116, the stock is nearly doubled. and you can see, up just 1 penny. at $39 in assistance -- $0.16 that is a big resurgence. wells fargo, a similar sort -- single story. goldman joining the story.

all right. the sec of the home builders. momentum trade. new highs across the board. a catalyst today. data from the national association of home builders since rising to its best level since to will -- 2006. poultry up about 21 -- two and three 1/4%. these are all very decent moves. battered by five full percentage points. not bad. in terms of what's not working, were always balanced your fox business. some of the flight to safety trade. gold plummeting. down about $30. the selling picked up into the close with a tree gold. stocks getting picked out all along the way. silver down nearly one and 1/3%. remember when people were talking about silver $45? net right now. and right now breaking news. a market maker is meeting at this very second to decide the fate of the company. charlie gasparino has been following every moment of this.

he's rushing down here in just a moment with the very latest, but his listening in. time for the floor show. traders of the new york stock exchange, cme group, and the nymex. a teeny little stumble after the comments from harry reid, but are you surprised by the resiliency of this rally with volume 30 percent better than friday? >> not so surprised. for a while now, for the last week when it comes to the the stock of negotiations, this the inside game and the outside game it's playing out precisely how we thought it would. they get in front of the cameras and try to put dampening remarks on, than they eat -- we got information. what's really interesting, it's very broadbased. this is not a head fake for the bigger averages. if you look at the small-cap stocks, the iww, i wm, they're rallying along with this. treasuries are selling off. money is clearly written into equities. the fiscal cliff sectors that would be here -- heard are really rallying.

materials and financials are ll moving nicely hired, and the financials are moving higher because the yield curve is starting to steepen. liz: let me get to dan at the cme. you have a strange maneuvering was some of the commodities. gold dropping precipitously. the u.s. dollar, now a dollar 302 by the euro. six months ago. this was more like a dollar 25. deming, the dollar has done really week of the last rebel days, has it not? >> i am really shocked at the euro is doing as well as it is. somewhere down the line there will have to ease. it has been doing this as the whole time. has a lot to do with the fed meeting last week. the special -- perpetual qe and is not doing anything to help the ballot right now. liz: in the end you do want a strong dollar. i know some big multinational space to the u.s. that not only won a weak dollar to make our products cheaper, but i'll talk to carlos about

this in a minute. let me get to that nymex. obviously whale is an interesting play, but i you guys talking a lot about this gold price behavior? this is really weird. >> well, it is tied in w dollar. so many people leading the same way. all the sudden you start to see it. stocks got hit and people start to panic. you basically have people that look in to say, you know, this dollar is going to get smacked. the reverse my position. liz: speaking of stocks, keith, buy stops were triggered, were they not? the s&p hit 1440. it looks that way to us here at fox business. >> say that again. liz: when the s&p had 1440 earlier today, it looked like five programs kicked in. right? is that what you're seeing on the floor? >> absolutely. we had a pretty strong resistance. your right. we get to 1440, hesitated, and then the buyers came in and we pushed through that level.

1442. the next up on this is pretty high, up around 57, 59 which is where we will find the s&p overbought at that point in time and will have to reevaluate. one thing to watch, the last couple of sessions at the end, the buyers have really come in full force to get on the market unclosed programs and we expect to see that again or macy's an acceleration into the close of. liz: performance shaping year-end? >> a little bit, but also chasing a little of the policy. this may be a buy the rumor sell the news. look at what comes out on monday. if there is any kind of deal where it is really great or bad we will see some selling pressure. liz: thank you for joining us on the floor show, giving us a sense of what is going on. this is important. you guys look at traders as these people who are not -- they are. moving a lot of the stock, looking at the by moves, fast money, slow money. it gives you an inside look. what are they saying? they're saying that it is this rumor that we are starting to inch closer to a deal here.

if anyone has the rise in may to solve the fiscal cliff, it is carlos gutierrez. he has seen the interworking is a washington as secretary of commerce, but he also turned around it publicly traded qaeda -- iconic company. the shares of kellog moved around. now is moved to banking. he is joining me now on the first on fox business interview, and i want to let our viewers know the genesis of this. i ran into you in washington d.c. at the airport just a week and have caught two weeks ago. asset to me you have to come on the show because i thought your opinions are very interesting. right now, let's work with the news that we have today. john boehner saying 1 million, that is what people should have expiration on the tax threshold. the president moving from to 50 the possibly 400,000. will we have a deal? >> i think so. my opinion is that if we have to go over the fiscal cliff to get a good deal, we might as well

bite the bullet now. do it now, and fro and the debt ceiling. it is a big -- liz: throw in the debt ceiling, you mean the republicans should use that in their back pocket? >> absolutely. it is to no one's benefit to have a debate in march about the creditworthiness of the u.s. once again, the world is looking at the circus. people around the world are asking, does your system of government still work? are you still capable of solving problems? that is not good for the u.s., the dollar, investments. liz: two sides are doing what appears to be a delicate dance. do you call the deal will for the end of the year? >> i don't think so. i think if we get a deal before year-end, what worries me is that it will be an incomplete deal or cost will be promised, but there will be -- they will be down the road which is a real trapped. liz: we can't keep doing that. >> we are not good at cutting costs. that is the hardest thing to do

in washington, actually execute the plan. so let's get it done now, even if we go into january. let's get it done. liz: doesn't that look like, as ec president obama move up, john boehner move down, this is a classic mega the -- negotiation. >> they're getting close. what gets in the way as politics. frankly, harry reid not helpful. the president campaigning on higher taxes for the rich, not helpful. liz: was it unhelpful when john boehner, the book came up and put up a board that said it was about spending? that really shocked them. >> was part of negotiating in public. liz: why are they doing it in public? >> because we want to get political points. we're still playing politics which is the problem. that is the big problem. liz: do you recall ever being a party to a situation like this? coming down to the wire? >> oh, sure. we are involved. liz: the government closed down.

>> trade bills are passed by one vote at midnight. things of that nature. you know, some people will tell you in d.c., look, i think this is the right thing to do, but i cannot vote for it which is what politics comes in. and that is what is plaguing these negotiations. liz: you are part of the bipartisan policy center. that bipartisan policy center put together an idea to pay down debt. it was not simpson bowles, what made it did for the most? >> well, it was very different -- very similar. the expense to tax ratios was very similar. and the important difference, because it was -- it was that ms. c. the big difference is we have labour, business, associations, and we were in a room, locked the door, and got to work. there was no public posturing. we had a task to do. liz: what will it finally looks

like? to have talked about a fiscal stairway, not a cliff. >> it could be that they agreed to a plan that is implemented in steps, in stages. a fiscal stairway where we don't follow the way through could be an option, but we have to have the expense tied to the revenue. we have to have a commitment that it is going to happen because we have done this before . and cutting expenses is the hardest thing to do in d.c. liz: i know. once they have the money, they don't want to let it go. carlos gutierrez is now vice chair of pohjola citigroup. i will ask him what they are talking about in the halls there. carlos gutierrez bless his passion right now, immigration. first, heads up. you might want to hear this before you post your next bathroom mirror self portrait. changing its privacy policy when it comes to your private picture.

instgram. oh, yeah. this is our team on "countdown to the closing bell" getting albany instagrammy. we don't want these pictures sold without permission. that's embarrassing. it. ♪ ♪ ♪ [ engine revs ] ♪

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liz: we want to show the market's one more time at this moment. we'll show it to you 50 times, but to see aid game like this on a triple digit move yesterday, to in a row, positivity just oozing through the market. want to get back to carlos gutierrez, citigroup institutional client group vice chair, former kellogg ceo, former secretary of commerce. all yours. view and i were talking about the fiscal glove, but as you walk to the executive halls of citigroup, what are they talking more about, the fiscal for regulation and dodd-frank? >> short term, fiscal cliff, european union. one thing that will have an impact on financial services, as regulation.

we have dodd-frank, and it's hard to argue we don't need regulation. citigroup has said it. we need, but let's make sure it is sensible. we can end up in a situation where credit is less available for small and medium-sized companies. if you add to dodd-frank, everything that is coming at us, so small button community banks get hurt. small businesses, medium-sized businesses. it is the purpose to punish banks, maybe they are achieving it. if the purpose is to improve the economy we have to be careful. liz: may be the purpose is to make sure that we don't see another fiscal financial crisis disaster the likes of what we saw in 2008. we don't need that again. >> but we don't need to create another set of problems with these unintended consequences. with the amount of capital that banks have to carry with the regulations -- liz: european regulations. >> very difficult to have loans

out to companies that don't have a credit record, companies that are not triple or double a, including small and medium-size businesses. so that is the big issue. it can be a very bad pun intended consequence that i would hope that regulators we will talk about. liz: richard fisher, the dallas fed president was making comments a day at the florida luncheon. he said, time to break up that too big to fail banks. it stunned me that he was using that because we all thought that dodd-frank was supposed to sort of jettison that too big to fail concept. clearly he believes that it is time to break up banks because he feels that there are some that are too big to fail. he did not say specifically citigroup, but we have the benedictine nuns who own a lot of citigroup stock down on their investment. abbey protect shareholders from problems if there is some systemic risk that suddenly brings other banks down that has nothing to do --

>> first of all, i don't think that splitting up banks is, you know, the way to go because every side that you split up and have its own risk. if you look at what happens, you're probably talking about a set of 20 people who are really in the heart of things. it's not like the whole bank was guilty of breaching confidence. but the capitol requirements will help, but it will also hurt. liz: before we go, your passson right now. immigration, republican, supported romney, feel the campaign stumbled when it came to a invigoration, latinos. you, of course, are a cuban immigrant to did beautifully as country. what is your main message? >> are working age population is growing and a half a percent of the next decade which is not enough. we don't have enough people entering the workforce. the whole world has this problem russia is declining. the european union.

we know how to solve it because we're good at immigration. individual opportunity, we must be the party of immigration, and that is not just hispanic but asians, heiss' less skilled, low-skill, nurses. we need a better strategy. our laws date back to 1952. so businesses either have to hire someone who is undocumented or go out of business. it does not make sense. republicans should lead the charge. liz: we will see if they do. wonderful to have you. liz: former commerce secretary and the man behind the keebler elves becoming part of kellogg. it is actually up about 15% this year. research in motion has been on a tear over the past month or so with the stock nearly doubling from the peseta closed. today is a different story. michael, tell us what it is, and we have sandra talking -- standing by at the cme. >> reporter: taking a look at research in motion, the blackberry maker.

due out on january 3rd. down over 1%. one of the reasons why it has been declining is because nationnl bank issued downgrade to a sector performed. the question is, when they come out with numbers, whether or not there will still be strengthened emerging markets. the android phone, that is something we will continue to watch. research in motion, that is a one month chart. up 45% over 1 month, so that is stellar performance. i don't know what investor would not say, hey, 45 percent in one month. i'll take it. a great performance, but under some pressure on a downgrade. liz: especially when you look at apple, down 24% over the past three months. but everybody is looking at the gold bug that is down on our third that cycles through which is a pretty big hit today. >> reporter: want to give traders credit because the past several months that we have been down traders have been warning about this sell-off in gold

prices, which dropped below $1,700 an ounce, around 1670 an ounce right now. traders down here still bearish, all this is unraveling on the fiscal cliff. i just walked by one looking in a multi-year chart of gold which is going up. now we are getting this selling. he basically was humming, and a recession, no fiscal cliff. all of these things playing a part in the sell-off in gold and the reasons for which people were holding a before, getting rid of it now. talking at the futures desk basically saying that everybody has been a long bond, long gold, long on commodities for quite some time. they have been short in the equities markets. a lot of these funds are having to make up for that, selling of gold and buying the stock market , and we're certainly seeing in today's trading session. liz: fascinating to watch. a dallas holding on to decent gains, the same with the rest of the market. why is it that everybody on

instagram does that back word peace sign with the mix jager lips. there you are. upper right. he's doing it. okay. go back to the picture of the team. that is kirsten and night. then you have upper left, maggie and, of course, just. jackie is being all the mir, not ior producer. is he bartending with the idea around his neck? we were being totally imager for each other, not to be sold to advertisers. but instagram users are riled up following news that facebook is changing its policy for photos uploaded to its application. shibani joshi. scary details, because my kids do it. >> the millions that that picture can be sold for win instagram can put that up for sale?

you're right. millions potentially at stake. pictures of your children, you and your family, basically anyone and anything you are putting up. fair game for them to use it and make money off of it. there is a mutiny going on on the 11th today. you know things are bad and celebrities start tweeting. there is a front-page article that all the celebrities are getting off of the instagram today. cheryl bark, dancing with the stars fame, she tweets, cannot believe the new policy of instagram. i love to use all of your imaging. it will be erasing my account shortly. liz: a man. >> tiffany thieves and of saved by the bell really sad to have to end my love for instagram. people are fleeing this site en flock.

this is because they don't want their privacy and their personal affirmation up for sale. liz: i'm sorry. now she is on instagram had. >> not anymore. liz: their right to lose a lot of people. >> we are not going to give any statistics. facebook does not give statistics, but you see what's happening and social networking. this sort of rage that people have. it is -- and sold for a billion dollars, the value of this company is eroding quickly today liz: and this is if you don't like it, don't use our service. that's pleasant. thank you very much. watch out for those pictures. all right. right now, knight capitol having its board meeting. details on that. rushing down from the fairway. the fiscal stairway. ♪ copd makes it ha to breathe,

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liz: breaking news. delete b? that is what the board of night capitol is deciding right now as it waits takeover bids. the company is very unstable, simply because of something that happened a couple of months ago when they have a real glitch when it came to brand new software that cost a lot of money to more than a billion. the decision could come as early as today. >> we should point out, that glitch put them nearly into bankruptcy. a group of bailout partners. convertible stock, converting and a dollar 50 per share. their love for every dollar plus bid and convert and made a lot of money obviously. here is what we know right now. the board is meeting to decide on what bid to take. high-frequency trading firm, the head of the new york mercantile exchange or a company backed up by private equity investors monday.

right now we understand is that the board is aiming, aiming. we don't know. sometimes the stuff drags on, aiming for an after the bell decision, and hopefully an announcement. sometimes they decide. sometimes they announce the next day, but trouble reenlist and, and we should get some leakage test the who is going to win, but what we understand right now is that the board is meeting with the objective to wrap this up. it has been going on for two weeks. they want it done, and from what we understand it will be in after the bell decision. liz: all cash. >> raising their bid to 360. we should point out that you take the company public -- private. it will be a private company. nitrates and the new york stock exchange. liz: that has plummeted. >> 10-2 or one. i think it went to one when we were the first report that they might file for bankruptcy.

and it has been up to our around three, depending on what. it. liz: and we can get six months. >> and then we could get about what we knew there were multiple bidders. so there we go. liz: again, they did not test new software. they put into action and were stuck with bad trades. >> and we are not going to relive that here because that is yesterday's news. today if you're a shareholder, the news as it will win this bid. two sides. i could tell you that i talk to major investors, bailout investors, not the diluted investors, the ones that came in and saved. liz: at the human leg delusion. >> major shareholders were diluted. liz: the ceo. >> of the back of a minute. liz: you tell me not to back up. >> the major investors that i talk to like the get go bid and think there is room for growth because it is part stock.

easy to get 350 of this company. i will tell you, that's the executives have been telling people on wall street, they are confident of the winning bid. it when they talk to investors, this is what they're telling people. they have not told me this, both the your telling people, my sources are reporting back to me that their confidence. investors want an all cash bid and would like to catch out. so that is where we are right now. i can only tell you what i know from my sources. very confident that he has it, and least according to the people i talk to. so hopefully we will get a resolution after the bell. the issue is interesting. he will be non-executive chairman. this is one of the positives in their favor. they have management because they will appoint thomas the cl. even if your appointment as ceo know, that does not mean change does not come in one year.

as in the middle, everybody else but the one unit of the from that everyone wants, which is market making. why? its retail averse. liz: breaking news, and it is partly a story that you cover before. there are now two names under consider for treasury secretary. jack klum and can't who, of course, according to bloomberg is now being considered. a friend of president obama but runs american express. >> and he's on the president's jobs committee. a very active member. runs american express. he is an interesting choice because he is not quite a wall street firm. but i will point of this, american express took belau money. liz: yes. with a one that was asked to? >> goldman says that they were asked to take it. everybody knows. liz: let's just market here.

up about three-quarters of a percent. we will see if that moves at all. he has run this company for many years. buffett is a huge fan of his in the gigantic shareholder. one of the most brilliant branding experts ever to hit the base of the earth. >> i'm not above the fan. i take it for what it's worth. and now he's a great investor. i don't think he knows a little about politics. i don't think -- liz: he's endorsing him. and just saying. >> she is involved in politics all the time. liz: let's make this about -- >> but when you bring of choices . >> here's the thing. why? i doubt it the minute you bring up buffett because buffett, who knows what dagen is blank. liz: i'm just saying, as a branding expert. >> that's what we need, branding expert as treasury secretary.

liz: that's what i'm asking. who has the upper hand? >> i don't think either of them are particularly compelling to me to be honest. you know, if i was to get the more political guy, he has been in there. the election around. i mean, it depends on how these budget negotiations go. liz: once again, that according to a bloomberg report. thank you very much. if you hear any leakage let us know. we will interrupt everything. dow jones industrials lost 11 of steam, still up about 86 points of the moment. lots of green on the screen. 1433 is the level. watch out for the support level. we're coming right back. ♪ look, if you have copd like me,

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♪ liz: breaking news, and it involves the new privacy policy of instagram. this just moved. in essence, saying that they will soon have news. we have heard from all of you about updates, y'all what updates in terms of service. a lot of questions. we will have mortar shearson. the news was that they say by january 16th they will own all of your photos and can sell them to advertisers. people had a fit over this, and i'm sure people have been canceling as soon as we get more, we will let you know. thirteen days and counting for congress to make a deal on the fiscal cliff. otherwise taxes are goin but uncertainty for new yorkers, especially some well-to-do people, it's actually leave the state. cathy wild is watching this closely, partnership for new york city ceo and president very concerned about what an exit is will do to the arts already high unemployment rate. right there on your screen. what could it jumped to?

>> well, great concern about the whole economy of the city, the unemployment rate, business continuity, and the country for that matter. what we're looking at, the potential that we could go over the fiscal cliff and jump quickly into a global recession, double the reception -- recession. liz: would you say 11 plus%. >> absolutely. liz: now, let me just explain what you do. you deal with a lot of ceos, get them in discussions and conversations to find out what it is they need to flourish in this city, state. >> number one is to, for washington to get its act together, come to a bipartisan resolution of our huge debt situation. accumulating debt at the rate of $3 billion a day. at this rate we are going to drive this nation into the ground, and we are going to create a horrible economic

future. liz: you are part of the fix the debt campaign. many ceos on this fix the debt campaign group. so many of them here in new york as well, but what would you say if i said to you that the solution may, perhaps be that higher income folks will have their taxes hiked disproportionately depending on how you look at it? and you say that in the tristate area to offer those of you that don't know that tall window, it would really be hurt because of our higher concentration of higher income people. >> we have the highest concentration of high-income people in the country. absolutely our tax rates go up at -- when it goes up at the high and we get really hurt. the fact is that increase in tax rate revenue rates are going to be necessary as part of the solution. it is only part of the solution, and we have to have a long-term fix that includes medicare reductions and the other kind of

cost fixes, the social security efforts that we need to make as well, so we have been pushing for a long term fix. right up front. yes, new york gets hurt on the high earner and. we are willing to be part of that because the country will benefit. liz: that is the lesser of two evils. >> absolutely. liz: what are you hearing? you have the year of the top business people of the world. we were just talking about the possible treasury secretary. you know him well. >> he just stepped down as our chairman, co-chairman of on friday. so he -- liz: do you think he would make a good treasury secretary? >> she's terrific. but if they are the candidates, they are both new yorkers, and they're both very smart about our economy and this is is that have to be made..3 liz: you would have access. >> it would not be a bad choice either way. liz: you mentioned social security. no one is talking abut cutting social security. medicare, medicaid,

entitlements, defense. should that be enveloped, wrapped in tell of this? >> what they have put forward is an effort to tie the social security increases more practically to increases in the cost of living which is a step in the right direction toward thinking about the future, the next generation, and what they're going to inherit from last. liz: she had guns a year of the biggest ceos around. thank you so much. we appreciate you being here. partnership for new york city ceo and president, dow jones industrial about 90 points. this is a solid day. we'll see how it ends. sixteen minutes before the closing bell rings.

liz: in the wake of that tragedy at the elementary school in connecticut, shares of gunmakers

are toxic leak. major selling pressure. right now no one wants to touch these names. the mass murders of 20 children on friday and six adults smith and wesson was up more than 170%. right now falling by multiple percentage points. debbie is day of trading ever for smith and wesson. shares of ruger down about seven and a half%, of the close of the session. we decided to put calls out to some of the top funds who have the two major gun companies and their holdings, but they're not talking. however, a short time ago, vanguard who has been lessened as one of its holdings put out a statement saying, social concerns will not affect gunmaker holdings. that is from vanguard. should you have gunstocks in your portfolio, bill gunderson, gunderson capital management founder and president was here with us back in january, almost one year ago. you are really liking these names. where are you now on that?

>> you know, i had an entire theme of investing in hard times stocks, i did really well. i am not actually in those anymore. i sold rivera october for 41% gain. i sold dollar tree in august for 138% gain. as sold ross stores in september for 149% gain. i have moved on into other sectors. i think knowing when to sell a stock is about as important as what to buy and when to buy it. when the sentiment turns on a sector, like it has on these gunstocks, it reminds me of the tobacco industry about ten or 15 years ago. i remember when philip morris went down to nine tomentum dollars per share. sentiment is a big part of investing in the market, and you don't want to be on the wrong end. liz: absolutely. would you say right now it's very much a wrong and then do these names ever recover from something as terrific as this?

>> i think it will be of long time. no one knows where this will lead. i think a lot of the sporting goods stores will step away from the gunstocks. who knows. maybe they go after the gunmaker's reliability. maybe the restrictions did a lot tighter on buying guns. i don't think you can stop the kind of violence that we saw by limiting guns. i mean, what is to prevent a guy from strapping a bomb on to himself and walking into something very similar. but in the meantime, you know, investing in an area like this makes absolutely no sense will soever. liz: we should also mention that the gun he used was a semi-automatic -- semiautomatic bushmaster, not a part of smith and wesson or ruger, looking at your newest trade, what are you? what do you like this moment? >> the markets are cyclical. i watch the market's very closely, the cycles. i have my own ranking system that i rank sectors and stocks with.

the leading sectors right now, we are seeing a healing right now in the building industry. there is a clamor for raw lots across some america. liz: define that to my raw lot. you talking actual materials themselves? >> like a graded lot that is ready to build on. i am heavily weighted in companies like louisiana-pacific , howard hughes communities, the home builders, co-star group, l. e. may come not tier one. don't forget to made is not just new homes, but everything that needs to go into the home, whether roof, flooring, whether it's sprinklers, whether it is painted. these are great areas. pittsburgh glass and paint is breaking loose right now. liz: pittsburgh glass and paint. you had home depot on your list as well trading very close at or around 52-week highs consistently smacking against the ceiling, looking like a very strong name. my question is, you know, some

people are concerned about valuations. a great strategy. this is a gorgeous chart, but have we pretty much hit a saturation point to iraq. >> there are three parts to investing. i require performance of the industries and stocks of investing in. i require a strong stock chart, but i also require evaluation. and the stock charges starting to grow into their valuations. if you think about it, we are in the early innings of a rebound in the housing market. maybe this second or third inning. we have a long ways to get. liz: one year ago he was right here on this show saying he liked and names, and he is out now. we will put all of your picks, including pittsburgh paint. i have not heard of that one caught up on our facebook -- facebook.com/lizclaman. thank you. we appreciate it.

closing bell ringing and 36 minutes to -- six minutes. shares of one company, famous maker of macro nancy's up sharply. you can see, it is not kraft. i will tell you which one next. don't go away. ♪ i always wait until the last minute.

can i still ship a gift in time r christmas? yeah, sure you can. great. where's your gift? uh... whew. [ male announcer break from the holiday stress. ship fedex express by december 22nd for christmas delivery.

she also likes to ride her bike. she knows the potential for making or losing money can pop up anytime. that's why she trades with the leader in mobile trading. so she's always ready to take action,

no matter how wily... or weird... or wonderfully the market's behaving... which isn't rocket science. it's just common sense. from td ameritrade. liz: organic bunny macaroni and cheese doing very well today. yes, it is annie's. this is a company that ipoed march 28th, $19 a share. what a great move if you got in at the ipo. 36.15 right now. it is jumping 5%. why? well credit suisse is reaffirming its outperform for annie's. this of course for of a health food organic company. ticker symbol bnny because it's a little bunny shape. markets are hopping right now, up 127 points for the dow jones

industrials on a day where there is a lot of optimism and risk on trade is right there in full force. t's get to david asman. we're getting ready for after the bell. david: we have session highs going right now. by the way we're talking about some earnings. we have a company coming up, representing hovnanian, it is a housing stock, that stock has increased more than threefold, 350% in the past six months. he's going to be joining us here to tell us how he did it coming right up. liz: could have would have should have; right? let's go to nicole at the new york stock exchange. let's start with oracle because we're waiting on earnings from them. nicole: a lot of folks are expecting some good numbers out of oracle, also a great economic indicator, a bellwether because their quarter ended on november 30th, a good indication of how worried people were about the fiscal cliff. david: let's talk about individual stocks, on news that nielsen ratings system is going to be buying arbitron is up.